UNITED STATES v. ONE 18TH CENTURY COLOMBIAN

No. 85-2643.

802 F.2d 837 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. ONE 18TH CENTURY COLOMBIAN MONSTRANCE Known as the Keeper of the Host of Santa Clara 11.3 Troy Pounds of Gold with Approximately 1,500 Precious and Semi-Precious Stones and Pearls, Defendant, James W. Newton, Claimant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 22, 1986.


Attorney(s) appearing for the Case

Seagal V. Wheatley, Oppenheimer, Rosenberg, Kelleher & Wheatley, Leo O. Bacher, Jr., San Antonio, Tex., for claimant-appellant.

James F. Fitzpatrick, Arnold & Porter, Edward L. Wolf, Washington, D.C., for amicus-Amer. Ass'n of Dealers in Ancient, Oriental and Primitive Art.

Pamela Ann Mathy, Asst. U.S. Atty., Helen M. Eversberg, U.S. Atty., John F. Paniszczyn, Asst. U.S. Atty., San Antonio, Tex., for USA.

Robert E. Goodfriend, Dallas, Tex., William T. McCue, New York City, A. Lauren Carpenter, Donald R. Taylor, San Antonio, Tex., for Republic of Columbia.

Before RUBIN, POLITZ, and JOHNSON, Circuit Judges.


ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion August 27, 1986, 5 Cir., 797 F.2d 1370)

PER CURIAM:

In Newton's petition for rehearing, he takes the position that he is entitled to require, or that the district court must sua sponte require, the Government to demonstrate probable cause for the forfeiture before examining his standing to raise that question. This puts the cart before the...

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